India Business Visa Consultant

Q.1: What are the conditions to be fulfilled for Indian Business visa?

Ans: The conditions to be fulfilled for grant of a Business visa are as follows:-

(i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country of nationality of the applicant.

(ii) The foreign national should be a person of assured financial standing. The foreigner must submit proof of his/her financial standing and documentation in support of intended business visit to India. Proof of his financial standing and expertise in the field of intended business will be checked thoroughly by the Indian Missions while granting the visa.

(iii) The foreign national should not be visiting India for the business of money lending or for running a petty business or petty trade or for full time employment in India, etc.

(iv) The foreign national shall comply with all other requirements like payment of tax liabilities etc.

(v) The Indian Business Visa must be issued from the country of origin or from the country of habitual domicile of the foreigner provided the period of residence of that foreigner in that particular country is more than 2 years. If the period of permanent residence of the applicant in the particular country is less than two years, the Mission / Post concerned will issue Business visa only after personal interview, review of documentation and prior clearance from the Mission where the applicant has permanent residence. Such cases will be examined by the Missions / Posts on merits on case-to-case basis and, after issue of Business visa, an intimation will be sent to the Indian Mission / Post in the applicant’s country of origin.

(vi) The documents/ papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc. will be thoroughly checked to decide the category of visa applicable to the foreigner

(vii) The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

Q.2 Who are eligible for a Indian Business Visa ?

Ans: A Business visa may be granted to a foreigner for the following purposes:-

(i) Foreign nationals who wish to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India.

(vii) Foreign buyers who come to transact business with suppliers / potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India.

(viii) Foreign experts/specialists on a visit of short duration in connection with an ongoing project with the objective of monitoring the progress of the work, conducting meetings with Indian customers and/or to provide technical guidance.

(ix) Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.

(x) Foreign trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.

(xi) Foreign students sponsored by AIESEC for internship on project based work in companies/industries.

(xii) Foreign nationals coming as tour conductors and travel agents and / or conducting business tours of foreigners or business relating to it, etc.

Q.3What is the duration of a Indian Business Visa ?

Ans: An Indian Business Visa with multiple entry facility can be granted for a period up to five years or for a shorter duration as per the requirement. A stay stipulation of a maximum period of six months will be prescribed for each visit by the concerned Indian Mission keeping in view the nature of the business activity for which such Business Visa is granted.

In case Missions/ Posts abroad, while issuing Business Visa, decide to prescribe a stay stipulation of maximum 6 months for each visit, a clear endorsement should be made stating "each stay not to exceed 6 months (or the duration of stay stipulation) and registration not required". In case no such stay stipulation is being prescribed, a simple endorsement stating "registration within 14 days" shouldbe made.

Indian Missions can grant Business Visa with 10years validity and multiple entry facility to the nationals of the United States of America. This visa should be issued with the stipulation that the stay in India during each visit shall not exceed six (6) months.

In case business visa is granted for a period less than five years by the Indian Missions, the same can be extended up to a maximum period of five years subject to following:

(a) The gross sales/turnover from the business activities, for which the foreigner has been granted visa, is not less than Rs. 1 Cr per annum (to be achieved within 2 years of setting up the business).

(b) First extension on business visa shall be granted by the Ministry of Home Affairs.

(c) Further extensions, if required, may be granted by the State Governments/ UT administrations/ FRROs/ FROs on year-to-year basis subject to good conduct, production of necessary documents in support of continued business activity and no adverseinputs, security related or otherwise, about the foreigner.

(d) The period of extension shall not be beyond five years from the date of issue of the Business visa.

(e) If the extension of Visa is denied by MHA/FRRO/FRO/State Government/ UT Administration, the foreigner shall leave India forthwith on expiry of the period of validity of the visa.

Q.4. What are the documents to be submitted along with application for Indian Business Visa?

Ans (i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.

(ii) Proof of financial standing and expertise in the field of intended business.

(iii) Documents/ papers pertaining to proposed business activity such as the registration of the company under the Companies Act, proof of registration of the firm with the State Industries Department or the Export Promotion Council concerned or any recognised promotional body in the relevant field of industry or trade etc.

Q.5. Which category of Visa will be granted to family members of foreign nationals coming to India on Business Visa?

Ans. : Family members / dependants of a foreigner who is granted ‘Business visa’ visa may be granted `X' visa subject to usual security checks provided the family members are otherwise eligible for grant of such a visa . Its validity should be co-terminus with the validity of the visa of the principal visa holder or for such shorter period as may be considered necessary by the Indian Mission.”

Q.6. Whether the Indian Business Visa can be converted to any other type of visa within the country?

Ans: Business visa shall be non-convertible and non-extendable beyond 5 years from the date of issue. At time of issue of Business visa, India Missions / Posts must make it clear to the foreigner that a Business visa cannot be converted to any other kind of visa during his/her stay in India except in the following circumstances and with the prior approval of the Ministry of Home Affairs:

(a) Business visa can be converted to ‘X’(Entry) Visa if a foreigner who has come to India on Business visa marries an Indian national during the validity of his/her visa and does not intend to continue on Business Visa. Such conversion would be considered subject to fulfilment of following conditions:

(i)Submission of a copy of registered Marriage Certificate, and

(ii) report from the FRRO/FRO concerned about their marital status which will inter-alia include his/her antecedents, confirmation about their living together and security clearance.

b) Business Visa in case of Persons of Indian Origin, who were otherwise entitled for ‘X’ (Entry) Visa but have entered into India on Business visa, can also be converted to ‘X’ Visa.

c) Business Visa of the foreigners who fall ill after their entry into India rendering them unfit to travel and require specialized medical treatment may be converted to Medical visa if they are eligible for grant of Medical Visa and medical certificate is obtained from government / government-recognized hospitals. In such a case, ‘X’ visa of family members/ attendant accompanying the foreigner (whose ‘Business’ visa is converted into Medical Visa) may also be converted into Medical Attendant [Med X] visa co-terminus with the Medical visa of the foreigner.

Q. 7. Can foreign nationals coming to execute projects in India be granted Business

Visas?

Ans.: No. A foreign national coming for executing projects / contracts will have to come only on an Employment Visa.

Q. 8. Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas?

Ans.: No.

Q. 9. Can foreign nationals already in India for executing projects on Business Visas be allowed to convert their Business Visas to Employment Visas without leaving the country?